USPTO Patents Application 09870801

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United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
' Alexandria, Virginia 223 13-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED rNVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

09/870,801

06/01/2001

Karl L. Ginter

7451.0001-18000

9392

22852 7590 05/20/2004

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
LLP

1300 1 STREET, NW
WASHINGTON, DC 20005

EXAMINER

D ARROW, JUSTfN T

ART UNIT

PAPER NUMBER

2132

DATE MAILED: 05/20/2004

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Notice of Abandonment

Application No.

09/870,801

Applicant(s)
GINTER ET AL

Examiner

Justin T. Darrow

Art Unit

2132

The MAILING DATE of this communication appears on the cover sheet with the correspondence address-

This application is abandoned in view of:

1. S Applicant's failure to timely file a proper reply to the Office letter mailed on 26 September 2003 .

(a) □ A reply was received on (with a Certificate of Mailing or Transmission dated ), which is after the expiration of the

period for reply (including a total extension of time of month(s)) which expired on .

(b) □ A proposed reply was received on , but it does not constitute a proper reply under 37 CFR 1 .1 1 3 (a) to the final rejection.

(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for
Continued Examination (RCE) in compliance with 37 CFR 1.1 14).

(c) □ A reply was received on but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non-

final rejection. See 37 CFR 1 .85(a) and 1 .1 1 1 . (See explanation in box 7 below).

(d) S No reply has been received.

2. □ Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months

from the mailing date of the Notice of Allowance (PTOL-85).

(a) □ The issue fee and publication fee, if applicable, was received on (with a Certificate of Mailing or Transmission dated

), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of

Allowance (PTOL-85).

(b) □ The submitted fee of $ is insufficient. A balance of $ is due.

The issue fee required by 37 CFR 1 .18 is $_

The publication fee, if required by 37 CFR 1.18(d), is $_

(c) □ The issue fee and publication fee, if applicable, has not been received.

3-D Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
Allowability (PTO-37).

(a) □ Proposed corrected drawings were received on (with a Certificate of Mailing or Transmission dated ), which is

after the expiration of the period for reply.

(b) □ No corrected drawings have been received.

4. □ The letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire interest, or all of

the applicants.

5. □ The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR

1 .34(a)) upon the filing of a continuing application.

6. □ The decision by the Board of Patent Appeals and Interference rendered on and because the period for seeking court review

of the decision has expired and there are no allowed claims.

7. □ The reason(s) below:

Justin t. darrow
primary examiner
technology center 2100

Petitions to revive under 37 CFR 1 . 1 37(a) or (b), or requests to withdraw the holding of abandonment under 37 CFR 1 .1 81 , should be promptly filed to
minimize any negative effects on patent term.

U.S. Patent and Trademark Office

PTOL-1432 (Rev. 04-01) Notice of Abandonment Part of Paper No. 8

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